Legal Opinion · Concurring in part, dissenting in part

Roberts v. Gatson

West Virginia Supreme Court

Decided April 30, 1990No. 19359Published

1Concurring in part, dissenting in partMcHUGH, Justice

The majority opinion sets forth sound legal principles. Therefore, I concur in the syllabus points set forth therein. I believe, however, that the majority opinion erroneously applied syllabus points 6 and 7 to the facts of this case. Thus, I dissent to that portion of the opinion which concludes that the employees were not required to accept wages substantially less favorable than those prevailing for similar work in the locality, and, therefore, they were disqualified from receiving unemployment compensation benefits.

This case presents this Court with an opportunity, for the first time, to…

2Cases cited6 opinions

  1. Lee-Norse Co. v. RutledgeWest Virginia Supreme Court · 1982
  2. Davis v. HixWest Virginia Supreme Court · 1954
  3. Bennett v. HixWest Virginia Supreme Court · 1953
  4. Belt v. ColeWest Virginia Supreme Court · 1983
  5. Gordon v. RutledgeWest Virginia Supreme Court · 1985

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